h_jud_2017a_2017-01-31t13:35:43z1 Hearing Summary

Date: 01/31/2017

Location: HCR 0112

01:48 PM -- HB17-1053



The committee recessed.





01:50 PM



The committee returned to order. Representative Landgraf, prime sponsor, presented House Bill 17-1053, concerning orders for electronic communications. Representative Landgraf explained the effect of the bill and discussed its need. Representative Landgraf responded to questions regarding how the bill augments Fourth Amendment protections, and how the bill affects access to electronic and wire communications by federal-level law enforcement. Discussion returned to the need for the legislation.





02:02 PM



Discussion continued regarding the effect of HB 17-1053. The following persons testified regarding the bill:



02:06 PM -- Ms. Carrie Thompson, representing the Colorado Criminal Defense Bar and sharing input from the American Civil Liberties Union, testified on the bill. Ms. Thompson discussed the benefits of the bill in the area of privacy protections, and explained that she would like for her experts to have time to properly vet forthcoming amendment L.003 (Attachment B). Ms. Thompson responded to questions regarding the ability of law enforcement to access electronic communications under current law, as compared to under HB 17-1053 as amended. Discussion ensued regarding the length of the bill, and some potential additional amendments to the bill.



17HouseJud0131AttachB.pdf



02:16 PM



Discussion ensued regarding a provision that allows certain information to be shared with governmental agencies under the bill without a court order, and concerns over language that may expose electronic information held by a third party on behalf of another. Discussion followed regarding input by stakeholders on the creation of HB 17-1053. Discussion returned to the privacy protections enshrined in current Colorado law.



02:26 PM -- Mr. Robert Bux and Mr. Randy Keller, representing the Colorado Coroners Association, testified in support of a forthcoming amendment to the bill. Mr. Bux explained how the legislation affects the work of coroners, and responded to questions regarding how next of kin might be identified through a cellular telephone. Mr. Bux discussed efforts of coroners to make timely notification of next of kin of a death. Mr. Keller provided further information on next-of-kin identification, and discussed the importance of a forthcoming amendment to these efforts.





02:37 PM



Mr. Bux explained the effect of amendment L.004 (Attachment C), and responded to questions regarding the responsibilities of coroners to provide information on a deceased person to law enforcement. Discussion ensued regarding how coroners might access the electronic information of the deceased, and their responsibilities with regard to personal effects. Discussion ensued regarding the need for amendment L.004. Ms. Kathy Oatis, representing the Colorado Coroners Association, explained why the amendment was requested, and addressed an earlier question about the stakeholder process in crafting HB 17-1053.



17HouseJud0131AttachC.pdf



02:49 PM



Discussion continued regarding the need for amendment L.004.



02:54 PM -- Mr. Ron Sloan, representing the Colorado Association of Chiefs of Police, testified regarding the bill. He explained that his organization has not yet taken a position on the bill, and explained why.



02:57 PM -- Mr. Arnold Hanuman, representing the Colorado District Attorneys' Council (CDAC), testified in opposition to the bill, unless amendment L.003 is appended to the bill, in which case the council would move to a neutral position. Mr. Hanuman agreed to provide a summary of the effect of the amendment, and responded to a question regarding the CDAC's position on amendment L.004. Mr. Hanuman responded to further questions regarding how law enforcement currently accesses electronic communications in Colorado.





03:05 PM



The chair laid over HB 17-1053. Discussion ensued regarding the future course of action for the legislation.





03:07 PM



The committee adjourned.